Smith v. State

Petitioner, Ricky L. Smith [“Smith”], seeks a writ of mandamus to compel the trial court to enforce its November 22, 2004, order granting his motion for post-conviction relief. The attached copy of the order confirms that the trial court vacated his judgment and sentence on Count One, ordered the clerk to reset the case on the trial docket and re-appointed the public defender. Petitioner alleges that the case has not yet been rescheduled for trial and that he wrote letters of inquiry to the public defender but received no response. He claims he then submitted a pro se notice of expiration of…